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(영문) 수원지방법원 2017.04.19 2016고단2614
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 13, 2011, the Defendant was sentenced to a fine of KRW 2.5 million due to a violation of road traffic law at the Suwon Flag Flag method, and a fine of KRW 6 million due to a violation of road traffic law at the same court on December 2, 2015.

Criminal facts

1. On March 19, 2016, the Defendant operated a car with fladon in the state of 0.167% alcohol concentration in blood without obtaining a vehicle driver’s license in a section of about 500 meters from 6:00 meters from the 6-lane 1 in the same Eup/Myeon of the same Eup/Myeon in the Republic of Korea from the 1stm to the 500-meter ladon of the same Eup/Myeon.

As a result, although the defendant was punished twice or more for a crime of drinking driving, he was driving a motor vehicle under the influence of alcohol again.

2. On May 5, 2016, at around 18:50, the Defendant: (a) operated a scar in a scar in the state of alcohol without obtaining a driver’s license in a section of about 50 meters from the scar to about 55:0 in the 50-day street from the scar parking lot to the 55-day street in the scar.

Summary of Evidence

1. A protocol concerning the interrogation of the suspect against the defendant;

1. Notification of results, photographs at the time of arrest, inquiry of driver's license, and the ledger of driver's licenses;

1. Previous convictions: Application of the Acts and subordinate statutes, such as a reply to inquiry, investigation report (a copy of a summary order attached);

1. Relevant Article of the Act and Articles 148-2 (1) 1, 44 (1) (the point of driving each drinking alcohol), 152 subparagraph 1, and 43 (the point of driving each without a license) of the Road Traffic Act concerning the facts constituting an offense, the choice of imprisonment, and the choice of imprisonment;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Circumstances unfavorable to the reasons for sentencing under Articles 53 and 55 subparag. 3 of the Criminal Act (i.e., factors favorable to the sentencing): A extenuating circumstances of the same kind of offense and circumstances favorable to the majority: The suspension of qualification or heavier punishment has not been imposed;

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